Legal Question in Criminal Law in Florida

Re: How long can a person be held in jail?

ADVICE TO RECIPIENT: The information and opinions contained herein are based upon the limited amount of information that you provided. Our response to your query is not intended to serve as legal advice upon which you should rely or act. In order for you to be confident that you can rely and act on information provided by an attorney, you should establish an attorney-client relationship, meet with the attorney and have an open and honest dialog, during which you disclose all the pertinent information and thereafter receive a reliable opinion from your lawyer.

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.

------------------------------------------------------------------------------

The question you pose is very difficult to answer because there are so many variables at play. Nevertheless, I can give you some general guidelines. At your friend�s initial appearance, a judge reviewed the charges to determine whether probable cause existed for the arrest. It appears that the judge found probable cause existed and he thereafter set a bond. Your friend must now post the bond set by judge, seek a lower bond if he cannot afford the bond, and wait in jail if he cannot post bond at the present amount or a lower amount if the judge decides to lower the bond. The next step is an arraignment at which time the state will have decided whether to file charges and what charges to file. If the state elects not to file charges, the case is over and your friend is free to go home. If the state files charges, the next step is for your friend�s attorney to participate in discovery to learn what evidence exists against your friend. Finally the case is resolved by a plea bargain or a trial. The entire process can take as little as a month and as much as a year or more, depending on how complicated the case is, how much evidence must be reviewed and how busy the court is with other cases.

Re: How long can a person be held in jail?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While I agree with Mr. Rabin's advice, I will simplify to say that the person can be held as long as it takes to try his case. If he is found guilty, then he will continue to stay in jail with credit for time served while awaiting trial.

The friend would be wise to try and get the bond reduced to an amount he can afford. If not, he should try to get a family member to help him out by posting the bond for him.

Scott R. Jay, Esq.

Re: How long can a person be held in jail?

Rule 3.191 of the Florida Criminal Procedure Rules, Speedy Trial, requires that every person charged with a felony shall be brought to trial within 175 days.